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Practical Heritage Manual 2021.

Special cases of property ownership

Assets and rights of entities without legal personality

The assets and rights held by civil societies, existing inheritances, communities of property and other entities that, lacking legal personality, constitute an economic unit or separate assets susceptible to taxation, will be attributed to the partners community members or participants , according to the rules applicable in each case and if these are not confirmed to the Administration, in a reliable manner, they will be attributed in equal parts.

Goods or rights acquired with a deferred price

Regulations: Art. 8.One Wealth Tax Law

In the acquisition of goods or rights with deferred consideration, in whole or in part, the value of the asset element resulting from the rules of this tax will be fully attributed to the acquirer of the same , who will include among its debts the part of the deferred consideration.

For its part, the seller will include among the rights of its assets the credit corresponding to the part of the deferred consideration.

It is obvious that this postponement of collection, derived from the free will of the seller in agreement with the buyer, means the entry into the former's assets of a new right that, together with the amount already received, replaces the one he previously had on the well alienated.

Example

Don AHM sells to don PPJ a premises for 120,000 euros, receiving 70,000 euros in cash, which is invested in shares admitted to trading, and the rest being deferred.

The average trading value in the fourth quarter of the year of the shares acquired by Mr. AHM amounts to 65,500 euros.

Determine the declaration of the buyer and seller of the aforementioned premises.

Solution

Statement from Don PPJ (buyer):

  • Other urban properties (the acquired premises): 120,000

  • Deductible debts (the debt with Mr. AHM): – 50,000

Statement from Don AHM (seller):

  • Shares admitted to trading: 65,500

  • Other assets and rights (the credit against Mr. PPJ): 50,000

Sale of goods with reservation of title

Regulations: Art. 8.Two Wealth Tax Law

In the case of the sale of goods with reservation of title, as long as the property is not transferred to the purchaser, the latter's right will be computed for the entire amounts that have been delivered up to the date of accrual of the tax, constituting said amounts as debts of the seller. which will be the one to whom the value of the asset element resulting from the tax regulations is attributed.

Example

Don APH sells to don JPA a premises, valued for Wealth Tax purposes at 100,000 euros, for an amount of 120,000 euros, with a reservation of ownership agreement, having received 70,000 euros on account, which invests in shares admitted to trading whose average trading value in the fourth quarter It is 65,500 euros.

Determine the declaration of the buyer and seller of the aforementioned premises.

Solution

Statement from Don JPA (buyer):

Other properties and rights (amount paid on account): 70,000

Declaration of Don APH (seller):

  • Other urban properties (the premises): 100,000

  • Shares admitted to trading: 65,500

  • Deductible debts (collected on account): – 70,000